Connell & Anor v Connell [2024] EWHC 2646 (Ch) (18 October 2024)

Connell & Anor v Connell [2024] EWHC 2646 (Ch) (18 October 2024)

Timothy Connell's conduct, including persistent hostility, baseless allegations, disruptive demands, and inability to act impartially, has made proper administration of the estate impossible and justifies his removal as executor and trustee. Miles and Rupert Connell may remain as executors, subject to preparation...

Source-derived case information.

Citation
[2024] EWHC 2646 (Ch)
Parties
Claimant: Miles Sealy Connell; Claimant: Rupert Charles Sealy Connell; Defendant: Timothy James Boyton Connell
Jurisdiction
England and Wales
Judgment Date
18 October 2024
Procedural Posture
Part 8 Claim Under Section 50 Administration of Justice Act 1985 / Final Judgment
Outcome
Timothy Connell removed as executor and trustee; Miles and Rupert Connell remain as executors; independent professional executor to be appointed alongside them.
Legal Topics
Removal of Executor, Administration of Estate, Hotchpot Clause, Executor Suitability, Beneficiary Interests
Probate Trusts Property Removal of Executor Administration of Estate Hotchpot Clause Executor Suitability Beneficiary Interests

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Parties

Miles Sealy Connell

Claimant

Rupert Charles Sealy Connell

Claimant

Timothy James Boyton Connell

Defendant

Procedural Posture

Part 8 Claim Under Section 50 Administration of Justice Act 1985 / Final Judgment

Legal Issues

  1. 1 Whether Timothy Connell should be removed as executor and trustee of the estate of Josephine Connell under s.50 Administration of Justice Act 1985
  2. 2 Whether Miles and Rupert Connell should also be removed as executors
  3. 3 Whether an independent professional executor should be appointed

Ratio Decidendi

Timothy Connell's conduct, including persistent hostility, baseless allegations, disruptive demands, and inability to act impartially, has made proper administration of the estate impossible and justifies his removal as executor and trustee. Miles and Rupert Connell may remain as executors, subject to preparation and filing of accounts, and an independent professional executor is to be appointed alongside them.

Court Disposition

Timothy Connell removed as executor and trustee; Miles and Rupert Connell remain as executors; independent professional executor to be appointed alongside them.

Orders

  • Timothy Connell removed as executor and trustee under s.50 Administration of Justice Act 1985.
  • Miles and Rupert Connell to prepare and file accounts of dealings with Deceased's assets under power of attorney.